IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

IN RE APPLICATION OF THE UNITED STATES OF AMERICA FOR AN ORDER PURSUANT TO 18 U.S.C. § 2703(d)

CASE NO. 19-MC-624 CASE NO. 19-MC-682

UNDER SEAL

SECOND AMENDED ORDER

FILED U.S. DISTRICT COURT

DISTRICT OF MARYLAND

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FEB 2 1 2020 In November and December 2019, the United States submitted Applications inATtlata l2oLye-

CLERK, U.S. DISTRCT COURT DISTRICT OF MARYLAND

captioned cases, pursuant to 18 U.S.C. § 2703(d), requesting that the Cart issue Orders to

Microsoft Corporation. headquartered at One Microsoft Way, Redmond, California (the "service

provider"), to disclose certain records and other information related to Microsoft's enterprise

customer, (" "), a subsidiary of

(" ") (collectively, the "Applications").

On or about November 26, 2019 (Case No. 19-MC-682) and on or about December 6, 2019

(Case No. 19-MC-624), the Court issued the requested Orders to Microsoft and prohibited

Microsoft from disclosing the existence of the Applications and Orders, pursuant to 18 U.S.C.

§ 2705(b), to the subscribers of the accounts described in the Applications and Orders for a period

of up to 12 months (collectively, "the Orders").

Microsoft complied with the Court's orders to disclose the requested records and other

information to the United States. However, on or about December 27, 2019, Microsoft moved to

modify the Orders to permit Microsoft to notify an appropriate individual within or

of the United States' data requests.

On or about January 14, 2020, based upon the specific facts of the investigation and due to

developments in the investigation since the issuance of the Applications and Orders (including

developments related to the covert nature of the investigation and diminished need for secrecy),

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the United States consented to Microsoft's motion, and in particular to Microsoft's request to

notify who serves as counsel for

and of the existence of the Orders and of the fact that the United States consented to the

Court amending the Orders following the filing of a motion by Microsoft to permit noti fication,

but not the target accounts identified in Attachment A to the Orders.' The Court entered an

Amended Order permittirm this disclosure on January 23, 2020.

Although the Orders were to expire twelve months after their issuance, the Amended Order

on its face would remain in effect until further order of the Court. Microsoft and the United States

agree, however, that the nondisclosure provisions of the Amended Order need not extend beyond

the period established in the Orders. This Second Amended Order therefore restores the duration

provision in the Orders, with the modifications to Microsoft's nondisclosure obligations described

above.

Consistent with the Orders and the Amended Order, the Court hereby finds that the United

States has offered specific and articulable facts showing that there are reasonable grounds to

believe that the records or other information sought are relevant and material to an ongoing

criminal investigation.

The Court further determines that there is reason to believe that notification of the existence

of the Orders and this Amended Order to any person other than

who serves as counsel for and and the notification of

More specifically, the Court finds that based on the unique facts and circumstances of the investigation, the government formally requested records directly from and through thereby (1) disclosing the existence—and in part the nature—of the investigation to and and (2) obviating the need to keep the existence of the Orders entirely covert, while nevertheless requiring continued secrecy regarding the details of the Orders, including the identity of the target accounts. The Court does not opine on whether the modification contemplated in this Order would be warranted absent the government's voluntary disclosure.

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the target accounts identified in Attachment A to the Orders to any person. will seriously jeopardize

the ongoing investigation, including by giving targets an opportunity to flee or continue flight from

prosecution, destroy or tamper with evidence, change patterns of behavior, or notify confederates.

18 U.S.C. § 2705(b)(2), (3), (5).

IT IS FURTHER ORDERED under 18 U.S.C. § 2705(b), that Microsoft shall not disclose

the existence of the Applications of the United States, or the existence of the Orders of the Court,

to the subscribers of the accounts listed in Attachment A, or to any other person, prior to December

6, 2020, or unless otherwise authorized to do so by the Court, except: (1) Microsoft may disclose

the Orders, the Amended Order. and this Second Amended Order to an attorney for the service

provider for the purpose of receiving legal advice; and (2) Microsoft may disclose the existence of

the Orders, the Amended Order, and this Second Amended Order of the fact that the United States

consented to amending the Orders following the filing of a motion by Microsoft, to

who serves as counsel for and but

jity.not disclose the specific target accounts identified in Attachment A to the Orders. In

IT IS FURTHER ORDERED that the Applications, the Orders, the Amended Order, and

this Second Amended Order are sealed until otherwise ordered by the Court.

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Honorable Timothy J. Sullivan United States Magistrate Judge

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